(a)

Existing use permitted: The existing lawful use of a building or premises at the time of the enactment of this ordinance or any amendment applicable thereto which is not in conformity with the provisions established by this ordinance may be continued in the manner and for the purpose then existent subject to the conditions hereinafter stated.

(b)

Classification and regulation: For the purpose of administration such nonconformity shall be classified and regulated as follows:

(1)

Non-conforming uses

a.

No such use shall be expanded or enlarged.

b.

Where the structure in which such use is carried on is damaged to the extent of more than 50% of its current assessed value it shall not be restored for use except in conformity with the regulations of the district in which it is located.

c.

Structure repairs and alterations to a structure housing such use shall not, as long as such use continues, exceed 50% of the assessed value of the structure at the time the use became nonconforming.

d.

Upon petition to and approval of the Plan Commission and Board such use may be changed to another use provided the Plan Commission and Board determines that the new use would result in greater or no less degree of conformity and provided further that such new use shall thereafter determine the degree of legal nonconformity.

e.

Where any such use is discontinued for a period of twelve (12) consecutive or for eighteen (18) accumulative months during any three (3) year period, any future use of the structure shall conform to the regulations of the district in which it is located.

(2)

Non-conforming structures

a.

No such structure shall be expanded or enlarged except in conformity with the regulations of the district in which it is located, unless said expansions or enlargements do not get any closer than their existing distance from any lot line and shall not exceed 50% of the assessed value.

b.

Where any such use is discontinued for a period of twelve (12) consecutive or for eighteen (18) accumulative months during any three (3) year period, any future use of the structure shall conform to the regulations of the district in which it is located.

c.

In this subsection pursuant to Wis. Stats. § 62.23(7)(hb) as to repair and maintenance of certain non-conforming structures:

1.

"Development Regulations" means the part of a zoning ordinance enacted under this subsection that applies to elements including setback, height, lot coverage and side yard.

2.

"Non-Conforming Structure" means a dwelling or other building that existed lawfully before the current zoning ordinance was enacted or amended but that does not conform with one or more of the development regulations in the current zoning ordinance.

3.

This subsection does not prohibit, or limit based on cost, the repair, maintenance, renovation or remodeling of a non-conforming structure.

(3)

Substandard non-conforming lots: Where a lot has less land area or width than required for the district in which it is located and was of record at the time of the passage of this Ordinance, such lot may be used for any purpose permitted in such district. A substandard lot is one which:

a.

Does not contain sufficient width, depth or area to conform to the dimensional requirements of this chapter, and

b.

Was a legal lot or parcel of record in the office of the county register of deeds prior to the original adoption of this chapter or any applicable amendment to this chapter.

c.

Such a lot located in a residential, business, industrial or institutional district may be used as a single building site provided that the use is permitted in the district and provided that there is compliance with each of the requirements of this section, was never reconfigured or combined with another lot or parcel by plat, survey, or consolidation by the owner into one (1) property tax parcel, and has never been developed with one (1) or more of its structures placed partly upon an adjacent lot or parcel. Except for lots which meet these requirements, a building permit for the improvement of a lot having lesser width, depth or area to conform to the dimensional requirements of this chapter shall be issued only if a variance is granted by the board of appeals.

(c)

All shoreland lots created after the adoption of the ordinance from which this chapter is derived shall have a minimum 65-feet lot width (sewered) and 100-feet width (unsewered); ten thousand (10,000) square feet (shoreland sewered), twenty thousand (20,000) square feet (shoreland unsewered).

(d)

All non-shoreland substandard lots in separate ownership shall comply with all relevant district requirements insofar as practicable, as determined in accordance with section 20-31 et seq., but shall in no event be less than the following:

(e)

Non-conforming signs: The existing lawful use of a sign at the time of enactment of this ordinance or any amendment thereto may be considered as a legal non-conforming structure or use, and regulations of Ordinance relating to their elimination shall apply. Disrepair and/or dangerous signs shall be removed.

(Ord. No. 2024-6-24, 10-28-2024)